On this edition, Judge A. Thomas Small (Ret.) discusses his recent testimony before the Senate Judiciary Committee's Subcommittee on Administrative Oversight and the Courts on the National Bankruptcy Conference proposal to expand chapter 12 of the...
This Emerging Issues Analysis analyzes a case that
narrowed the protections that the Bankruptcy Code was thought to provide to
participants in the derivatives markets. The court ruled that "flip"
provisions of swap documents triggered by...
This Emerging Issues
Analysis analyzes the judicially-created doctrine of "equitable
mootness." Although equitable mootness has historically been viewed as a
powerful tool for debtors to limit appellate review of orders confirming their
Leonard Goldberger of Stevens &
Lee spoke at HB Litigation Conferences' May 18 program on Chinese drywall
litigation, specifically on "brewing bankruptcy concerns" in the
Watch a video
More information about...
Lawniczak considers the circumstances under which the doctrine of equitable
mootness prevents appellate review of a consummated plan of reorganization. In
particular, he focuses on three recent appellate cases, from the Fifth, Sixth
On this edition, James Lawniczak of Calfee, Halter & Griswold in Cleveland discusses the differences and similarities of two Circuit Court decisions that held secured creditors do not have an absolute legal right to credit bid when their collateral...
The subprime and credit
crisis-related litigation wave may now be in its fourth year, but
lawsuits continue to come in. The latest of these suits - a securities
class action lawsuit involving Las Vegas Sands
- has a number of interesting features...
According to statistics compiled by the American
Bankruptcy Institute , over 60,000 businesses filed for bankruptcy in 2009,
the highest annual number of business-related bankruptcies since 1993. By way
of comparison, the 2009 business bankruptcy filing...
People and businesses are filing for bankruptcy at a staggering pace, with 1.4
million petitions submitted in 2009, an increase of 32% from the previous year.
The number is likely to jump higher in 2010. Associated with each...
retaining a Virginia
law firm to help stave off a wrongful foreclosure should keep this useful fact in mind:
your lawyer's job will be a lot easier if you take legal action before the bank forecloses on
your property. Seek legal...
from Cravath, Swaine & Moore consider the Third Circuit's decision in In re
Philadelphia Newspapers. This decision, along with the decision in In re
Pacific Lumber, marks a significant departure from long-held expectations of
Parties challenging a bankruptcy court's final order almost always must take a direct appeal or be forever barred from collateral attack, even when the order contains a clear legal error. Further, when a statute permits a court to act only if certain...
Emerging Issues Analysis, James M. Lawniczak addresses decisions from the Third
and Fifth Circuits holding that secured creditors do not have an absolute legal
right to credit bid when their collateral is sold through a plan of
A hotel property derives much of its value from its operator
and brand. When a hotel owner is in distress with respect to its loan
obligations, the operator also plays a critical role in the resolution of the
On this edition, Prof. Ken Klee of UCLA Law School and Henry Sommer, Co-Editor in Chief of Collier On Bankruptcy, discuss the U.S. Supreme Court's decision in United Student Aid Funds v. Espinosa, in which the court held that a debtor may obtain discharge...
LexisNexis Emerging Issues Analysis, Professor Kenneth N. Klee discusses the
holding in Milavetz, Gallop & Milavetz, P.A. v. United States, 2010 U.S.
Lexis 2206 (2010), which concerns the constitutionality of bankruptcy
circuits are split as to whether the "subsequent new value" defense
U.S.C. § 547(c)(4) may be invoked by a creditor only when new value was
unpaid at the end of the preference period, or only so long as the debtor does
On this edition, Kenneth Klee of Klee, Tuchin, Bogdanoff & Stern in Los Angeles and professor at the University of California, Los Angeles School of Law, discusses the U.S. Supreme Court's March 8, 2010 decision in Milavetz, Gallop & Milavetz...
by Laxmi Stebbins Wordham
It's hard to believe it's
been one year since we launched Martindale-Hubbell Connected , now the
premier online professional network for the legal profession. The phenomenal
growth of the network over the past 12...
Welcome to the new LexisNexis Communities. We have added
new tools, new content and a whole new look and feel to make your experience
richer and more beneficial.
Our new design has easy-to-find featured content on the
left side of the screen, allowing...
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Weltfinanzkrise slammed into the
world automotive industry with hurricane force on Sunday, September 14, 2008,
when Lehman Brothers sought bankruptcy relief.
The stock market selloff...
A Bankruptcy Court Will Not Appoint a Healthcare Ombudsman Without Evidence of Patients' Dire Circumstances
In re North Shore Hematology-Oncology Associates held that appointment of a healthcare ombudsman is not necessary unless patients' rights...
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In Commercial and Residential Maintenance, Inc. v. Abblitt (In re Abblitt) , 2009 Bankr. LEXIS...
Bankruptcy courts have broad authority to discipline attorneys pursuant to their inherent sanction power. In the recent Price v. Lehtinen (In re Lehtinen) decision, the Ninth Circuit stated that bankruptcy courts can exercise their inherent power to sanction...
Emerging Issues Analysis examines a bankruptcy court's decision to order the
implementation of certain accounting procedures where punitive damages alone
would not make the mortgage company change its behavior. The court relied on